Clutterham

Clutterham v. Coachmen Industries, Inc.

Good Law
169 Cal. App. 3d 1223·1985 Cal. App. LEXIS 2204·215 Cal. Rptr. 795·2 I.E.R. Cas. (BNA) 164
Court of Appeal of CaliforniaJuly 12, 1985B007792California1,675 words

Opinion

Opinion

Ashby, J.

In this action for wrongful termination, the former employee, plaintiff and appellant Leon Clutterham, appeals from a summary judgment in favor of the former employer, defendant and respondent Coachmen Industries. We affirm on the ground of respondent’s uncontradicted showing that appellant’s responsibilities were transferred to a different division during a reorganization of respondent’s operations.

Respondent’s predecessor in interest, Sportscoach Corporation of America, hired appellant in 1970 as its sales representative to promote the sale in several western states of recreational vehicles built by Sportscoach. In 1978 respondent Coachmen Industries fully acquired Sportscoach Corpo ration of America and took over its operation. In April 1979 appellant and respondent executed a written “independent sales representative agreement.” The agreement contained a termination clause providing: “This agreement may be terminated by either party upon 30 days written notice to the other party. . . . Should any violation occur of the General Terms of this agreement, by the Representative or the Company, this agreement is then subject to immediate termination. ”

On July 20, 1979,…

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